Noel Dempsey (Meath, Fianna Fail)

I join Members in offering the compliments of the season to everybody. I hope they have a nice, quiet, relaxed Christmas and a very happy new year. Halfway through the year we will be in a battle but we should make the most of the festive season.

I thank all the Deputies who contributed to the debate. They raised many issues, including the more general context in which the Bill fits, which is the St. Andrews Agreement, as Deputy Crawford mentioned. I will address that later. The only reason Deputy Keaveney promised she would not bother me between now and the end of the year is she probably thinks she will not see me but the Deputy never fails to take an opportunity to make contact. There is always one more issue with her but I wish her a very peaceful Christmas and I hope she will not contact me over the festive season about this or any other matter. On a more serious note, Deputy Keaveney and other Members have taken an interest in this matter and everybody is concerned, with the opportunity open to us, that we should make the legislation as good as possible. Members were generous in their acceptance of the need to introduce similar provisions in both jurisdictions so that the legislation can work.

I also thank Members for their acknowledgment of the work of the board in this case and the chairman, Peter Savage. As Deputy Morgan said, I know Mr. Savage almost as long as him but probably not at such close quarters. He is a good chairperson because he is a straight talker and he has little time for bureaucracy and red tape. He tends to want to get things done, which is a good trait in a chairperson.

Deputy Keaveney referred to a local authority polluting Lough Foyle and I will ask my officials to take that matter up with the local authority in question. The area is fragile and it must be ensured official bodies do not cause pollution or other difficulties.

Deputy Perry made a number of kind remarks about the work that went into the legislation by my officials and he referred to the exclusion of the shellfish regulatory powers. They are excluded because we had an issue about them but, following consultation, as I indicated in my opening contribution, those powers will be covered by an amendment on Committee Stage.

A number of Deputies referred to the need for consultation and this is something with which I agree. Fishermen have been consulted on the aquaculture implementation plan and they will be consulted on any regulations to be brought forward by the agency regarding aquaculture and fisheries. It is important that local people and fishermen understand and accept such regulations. Fishermen generally, and anglers in particular, represent a body, comprising mostly men but also women, that sees conservation as part of its role. We will try to ensure they feel part of the decision-making process.

Deputy Perry raised the issue of the cost of leases and so on and foreshore fees are being discussed by Department officials and the Crown Estates Commission. The Crown Estates Commission seeks economic rents but we feel fees for aquaculture in the Foyle area should correspond with those applicable in both jurisdictions, as far as possible.

Regarding Deputy Perry's point on the designation of areas for oyster, mussels and aquaculture, it is envisaged that the agency will carry out a full environmental impact statement which will allow it to determine areas for wild shell fisheries, aquaculture and areas required to be designated under EU environmental legislation. This is the first step towards making decisions on the various designations and it is an open and transparent public process.

Deputy Perry and a number of other Deputies, including Deputies Eamon Ryan and Broughan, referred to the need for fines for offences in the inland fisheries sector, especially the salmon sector. My Department, in consultation with the National Fisheries Management Executive, is reviewing all 17 statutes that apply to the inland fisheries sector with a view to modernising and consolidating the legislation into a single statute. This exercise will examine penalties and make recommendations on appropriate penalties for specific offences.

A number of Deputies inquired about the issue of regulations on mussels. There is an all-island system overseeing the allocation of mussel seeds and the agency participates in decisions regarding allocation. It is important this system operates on an all-island basis as it ensures all operators in need of access to mussel seeds are treated fairly, regardless of their locations on the island. It is planned to make the agency an authorised officer, under the Sea Fisheries and Maritime Jurisdiction Act 2006, to enforce mussel seed allocation regulations in the Foyle area.

A general question was raised on the scope for expansion of North-South co-operation. A review group exists, under the auspices of the North-South Ministerial Council and it will report its recommendations to the council when the terms of reference are agreed, the Northern Ireland Assembly is restored and the review is completed. At that stage we will know what kind of expansion in North-South co-operation is possible.

Deputy Broughan raised the issue of funding for the Loughs Agency and I am delighted to tell him that it has been well funded since its foundation. Funding is provided by the Exchequer and the UK Treasury and the agency has been unable to spend all of the money available to it in recent years while it awaits the allocation of additional functions provided for under this Bill. We do not anticipate a shortfall in this regard.

The Deputy also raised the question of fees, jurisdictional claims and the Crown Estates Commission. As I mentioned, the fees relating to foreshore licences will be agreed without prejudice to jurisdictional claims. Aquacultural licensees in the Foyle region will pay fees directly to the agency and not to either the Department or the Crown Estates Commission. One of the benefits of this Bill is that such payments will go directly to the body responsible.

Deputy Broughan raised a question relating to the protection of investments made by people currently engaged in aquaculture in the region. The implementation plan for aquaculture licensing shows account will be taken of previous experience of aquaculture in Lough Foyle in addition to previous investment there. In drawing up the regulations for aquaculture in the Foyle, the agency will incorporate provisions setting out the criteria for the award of licences. The investment made by the people referred to by Deputy Broughan will be one of the criteria.

I mentioned the issue of consultation earlier and I agree with the point, to which I referred, made by Deputies Broughan and Perry. The Loughs Agency has an advisory forum which comprises approximately 50 local representatives, including fishermen and people with various relevant interests. It is kept informed of developments affecting the Loughs Agency by the agency itself. The Northern Ireland consultation process allows for the fact that the Northern Ireland Assembly is currently suspended. The normal consultation process on Bills in this jurisdiction has been followed regarding this Bill.

Deputy Broughan, with a number of other Deputies, raised the issue of accountability. The agency is accountable to the North-South Ministerial Council and both sponsoring Departments. It is accountable in the same way every other non-commercial, semi-State body is accountable to its parent Department.

The penalties specified in the Bill are the maximum available to the courts for offences under the proposed legislation. The courts will, as always, have discretion regarding the penalty to be imposed for a particular offence.

Regarding North-South co-operation while the Northern Ireland Assembly is suspended, it is obvious that there are benefits in working together to develop practical co-operation for mutual gain. The British and Irish Governments have been working together on projects, this Bill being one such example. We have undertaken a lengthy negotiation process and, once this project is in place, the current temporary facilities for the regional office in Carlingford will be replaced by a new purpose built building which will provide suitable accommodation for Loughs Agency staff based in the town. A site has been identified and we intend to proceed with it in 2007. Meanwhile, the Loughs Agency has continued to carry out its functions under existing agency legislation.

Once the Stormont Assembly has been restored, meetings of the North-South Ministerial Council will resume. North-South bodies will be able to operate without the restraints that have been imposed on them during the suspension of institutions and the Government will seek closer co-operation with Ministers in the restored Northern Ireland Executive.

I thank Opposition Deputies for their co-operation on this Bill because it is important that we introduce it in tandem with the consultation process taking place in the North. I wish Deputies, staff of the Houses and the officials in my Department a happy and holy Christmas.

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